PUBLIC LAW 109–479—JAN. 12, 2007
120 STAT. 3587
person that acquires a limited access privilege solely for the purpose of perfecting or realizing on a security interest in such privilege; ‘‘(E) require that all fish harvested under a limited access privilege program be processed on vessels of the United States or on United States soil (including any territory of the United States); ‘‘(F) specify the goals of the program; ‘‘(G) include provisions for the regular monitoring and review by the Council and the Secretary of the operations of the program, including determining progress in meeting the goals of the program and this Act, and any necessary modification of the program to meet those goals, with a formal and detailed review 5 years after the implementation of the program and thereafter to coincide with scheduled Council review of the relevant fishery management plan (but no less frequently than once every 7 years); ‘‘(H) include an effective system for enforcement, monitoring, and management of the program, including the use of observers or electronic monitoring systems; ‘‘(I) include an appeals process for administrative review of the Secretary’s decisions regarding initial allocation of limited access privileges; ‘‘(J) provide for the establishment by the Secretary, in consultation with appropriate Federal agencies, for an information collection and review process to provide any additional information needed to determine whether any illegal acts of anti-competition, anti-trust, price collusion, or price fixing have occurred among regional fishery associations or persons receiving limited access privileges under the program; and ‘‘(K) provide for the revocation by the Secretary of limited access privileges held by any person found to have violated the antitrust laws of the United States. ‘‘(2) WAIVER.—The Secretary may waive the requirement of paragraph (1)(E) if the Secretary determines that— ‘‘(A) the fishery has historically processed the fish outside of the United States; and ‘‘(B) the United States has a seafood safety equivalency agreement with the country where processing will occur. ‘‘(3) FISHING COMMUNITIES.— ‘‘(A) IN GENERAL.— ‘‘(i) ELIGIBILITY.—To be eligible to participate in a limited access privilege program to harvest fish, a fishing community shall— ‘‘(I) be located within the management area of the relevant Council; ‘‘(II) meet criteria developed by the relevant Council, approved by the Secretary, and published in the Federal Register; ‘‘(III) consist of residents who conduct commercial or recreational fishing, processing, or fisherydependent support businesses within the Council’s management area; and ‘‘(IV) develop and submit a community sustainability plan to the Council and the Secretary that demonstrates how the plan will address the social
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Criteria. Federal Register, publication.